(영문) 서울중앙지방법원 2016.11.17 2016가단53129
배당이의
Text
1. The instant lawsuit shall be dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
ex officio, we examine the legality of the instant lawsuit.
Inasmuch as reverse tax secretary, which is only an agency of the State, cannot be deemed as having the ability to become a party in a civil lawsuit (see Supreme Court Order 2010Ma861, Apr. 17, 2012). Thus, the instant lawsuit is an unlawful lawsuit filed against a person who has no capacity to become a party.
Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.